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Pennsylvania Coalition Against Rape
Volume 3, Issue 2 125 North Enola Drive
Spring 2006 Enola, PA 17025
A publication of the Phone: (717) 728-9740 / Toll free: (800) 692-7445
Training & Technical Assistance Fax: (717) 909-5864 or (717) 728-9781
Department w w w . p c a r . o r g
AVOIDING ISSUES OF TAINT
Technical Assistance Bulletin
WITH THE CHILD CLIENT
Overview
Providing services to children poses unique challenges, especially when the
case against the perpetrator is proceeding through the criminal justice
system. This system, by its very nature, is not child-friendly. The stakes are
high because the court often must determine guilt or innocence on testimony
alone. In this environment, the neutrality of the counselor/advocate's communication with the child may be
challenged. Some may argue that, in the course of providing services to a child, the counselor may inadvertently
"taint" the child's testimony.
Taint is the term Jablonski (as cited in Commonwealth v. Delbridge, 2003) uses to describe the implantation of
false memories or the distortion of real memories through suggestive interview techniques. While there is no way
to fully guard against the challenges of taint, there are steps that sexual assault centers can take to decrease the
likelihood that communication between a child and a sexual assault counselor will be called into question.
Recommendations
First, it is important for the counselor/advocate to be knowledgeable about the difference between a
forensic or investigative interview and a counseling interview.
When conducting a forensic interview, specially trained interviewers elicit detailed information from the child about
his/her abuse. This includes the location, frequency, and duration of the abuse as well as the identity of the
perpetrator. The interview focuses on the details of the abuse and the child's ability to recall those details.
The focus of the counseling interview is very different from that of the forensic interview. The counseling interview
is designed to evaluate a child's emotional state, to identify supportive resources, and to assist the child in
healing from his/her abuse. The counselor/advocate should not elicit detailed information from the child about the
specific events surrounding the abuse, but rather should concentrate on the child's feelings. Within the context of
providing support to counselor/advocates, centers should provide written guidelines and recommendations for
conducting a counseling interview.
Second, it is important for the counselor/advocate to be familiar with the seminal research and case law
on memory and suggestibility of children.
Ceci & Bruck's Jeopardy in the Courtroom is an excellent resource because it examines several pivotal cases of
alleged child abuse including The Kelly Michaels Case (State v. Michaels, 1988) and The Little Rascals case
(State v. Robert Fulton Kelly, Jr. 1991-1992) (Ceci & Bruck, 1995). This book discusses the flawed interview
techniques used by investigators in these and other cases. While counselors/advocates are not involved in the
investigation phase, this literature still can prove helpful in illustrating how to avoid suggestive interviewing. If a
counselor/advocate is called to testify, he/she clearly can explain the differences between his/her interview
A c t i o n
techniques and the techniques considered suggestive by experts. Jeopardy in the Courtroom is available to
advocates via the PCAR library (pcar.org).
Third, advocates who are responsible for counseling children should receive specialized training.
While adult counseling skills can provide a foundation for working with children, counselors need specialized
training and skills to respond to the unique needs of their child clients. Children may lack the language to
describe their feelings and experiences and they may have inner conflict if the perpetrator is a friend or relative.
Counselors/advocates need specialized training to address feelings the child may not understand or cannot put
into words.
Fourth, counselors/advocates should be active members of multidisciplinary teams (MDT) in their
communities.
The MDT should include the county prosecutor, law enforcement, Child Protective Services, victim services, the
medical community, mental health services and, if available, a Child Advocacy Center. Members of the MDT
A d v o c a c y
discuss the progress of current cases and how to coordinate services to best meet the needs of children. The
MDT should identify the responsibilities and legal requirements of each team member as well as discuss
conflicts that may arise between members who have different priorities. One of the greatest challenges of an
MDT is to balance the investigator's need for information with the counselor's confidentiality requirements.
Centers also need to consider how to address issues surrounding confidentiality. Some centers prefer to have a
blanket policy that prohibits counselors/advocates from ever asking clients to waive confidentiality. Other centers
consider, on a case-by-case basis, when sharing information would be in the best interest of the child. When
requesting a signed release from the client, it is important to have the child or the child's legal guardian sign the
release and specify what information is to be shared and what information should not be shared. Centers should
have clear policies on confidentiality and waivers.
Fifth, counselors/advocates who are subpoenaed should prepare for their testimony.
Advocates are typically successful in quashing subpoenas due to
counselor-client privilege in Pennsylvania. However, the following might be
helpful to advocates who have to testify. Specifically, they should compile a
list of their education, training specific to their job, and counseling
experience including how many children they have counseled. While the
substantive part of the testimony should never be rehearsed or reviewed,
L e a d e r s h i p
counselors/advocates may want to practice repeating their credentials and
experience so they appear confident and credible when testifying. The first
time a counselor/advocate appears in court can be unnerving at best. While
there is no way to avoid the experience, adequate training and preparation
can provide the foundation necessary to provide clear and concise
testimony.
References
Barsky, A.E. & Gould, J.W. (2002). Clinicians in Court: A Guide to Subpoenas,
Depositions, Testifying, and Everything Else You Need to Know. New York,
NY: Guilford Press, Inc.
Ceci, S.J. & Bruck, M. (1995). Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony.
Baltimore, MD: Port City Press. (Available in PCAR library, www.pcar.org.)
Commonwealth v. Delbridge, 578 Pa. 641, 855 A. 2d 27(2003)
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